Alcohol is, by law, an age-restricted product that is regulated
differently than other products. The provisions of this Chapter establish
vital regulation of the sale and distribution of alcoholic beverages
in order to promote responsible consumption, combat illegal underage
drinking, and achieve other important policy goals such as maintaining
an orderly marketplace composed of licensed alcohol producers, importers,
distributors, and retailers.

Alcohol for beverage purposes, including alcoholic, spirituous,
vinous, fermented, malt, or other liquors, or combination of liquors,
a part of which is spirituous, vinous, or fermented, and all preparations
or mixtures for beverage purposes containing in excess of one-half
of one percent (0.5%) by volume. All beverages having an alcoholic
content of less than one-half of one percent (0.5%) by volume shall
be exempt from the provisions of this Chapter.

An intoxicating liquor containing alcohol not in excess of
five percent (5%) by weight manufactured from pure hops or pure extract
of hops, or pure barley malt, or wholesome grains or cereals, and
wholesome yeast, and pure water.

Any package sealed or otherwise closed by the manufacturer
so as to consist of a self-contained unit, and consisting of one (1)
or more bottles or other containers of intoxicating liquor, where
the package and/or container(s) describes the contents thereof as
intoxicating liquor. "Original package" shall also be construed and
held to refer to any package containing one (1) or more standard bottles,
cans or pouches of beer.

An individual, association, firm, joint stock company, syndicate,
partnership, corporation, receiver, trustee, conservator, or any other
officer appointed by any State or Federal court. Clubs are also included
within the meaning of the term.

No
person shall sell or offer for sale intoxicating liquor in the City
of Berkeley without a currently valid liquor license issued by the
City. A separate liquor license shall be required for each of the
categories and subcategories of liquor sales in which the licensee
desires to engage as set forth herein.

Package liquor — malt liquor only: Sales of
malt liquor at retail in the original package not for consumption
on the premises where sold. This license may include Sunday sales
from 9:00 A.M. to Midnight.

Package liquor — all kinds: Sales of all kinds of intoxicating liquors in the original package at retail not for consumption on the premises where sold, including sales as set forth in Subsection (B)(1) of this Section.

Liquor by the drink — malt liquor/light wine only: Sales of malt liquor and light wines at retail by the drink for consumption on the premises where sold, including sales as set forth in Subsections (B)(1) and (4) of this Section.

Liquor by the drink — all kinds: Sales of intoxicating liquor of all kinds at retail by the drink for consumption on the premises where sold, including package sales as set forth in Subsection (B)(2) of this Section.

Sunday Sales. Except for any establishment that may apply
for a license under Section 311.089, RSMo., any person possessing
the qualifications and meeting the requirements of this Chapter, who
is licensed to sell intoxicating liquor at retail may apply to the
City for a special license to sell intoxicating liquor at retail between
the hours of 9:00 A.M. and Midnight on Sundays.

Temporary permit for sale by drink. Any person who
possesses the qualifications, meets the requirements and complies
with the provisions of Section 311.482, RSMo., may apply for a special
permit to sell intoxicating liquor for consumption on premises where
sold.

Tasting permit — retailers. Any person who is licensed to sell intoxicating liquor in the original package at retail under Subsections (B)(2) and (C) of this Section above may apply for a special permit to conduct wine, malt beverage and distilled spirit tastings on the licensed premises; however, nothing in this Section shall be construed to permit the licensee to sell wine, malt beverages or distilled spirits for on-premises consumption.

Any winery, distiller, manufacturer, wholesaler, or brewer or designated employee may provide and pour distilled spirits, wine, or malt beverage samples off a licensed retail premises for tasting purposes provided no sales transactions take place. For purposes of this Subsection (D)(3), a"sales transaction" shall mean an actual
and immediate exchange of monetary consideration for the immediate
delivery of goods at the tasting site.

Notwithstanding any other provisions of this Chapter to the contrary,
any winery, distiller, manufacturer, wholesaler, or brewer or designated
employee may provide, furnish, or pour distilled spirits, wine, or
malt beverage samples for customer tasting purposes on any temporary
licensed retail premises as described in Sections 311.218, 311.482,
311.485, 311.486, or 311.487, RSMo., or on any tax exempt organization's
licensed premises as described in Section 311.090, RSMo.

Notwithstanding any other provisions of this Chapter to the
contrary, any winery, distiller, manufacturer, wholesaler, or brewer
or designated employee may provide or furnish distilled spirits, wine
or malt beverage samples on a licensed retail premises for customer
tasting purposes so long as the winery, distiller, manufacturer, wholesaler,
or brewer or designated employee has permission from the person holding
the retail license. The retail licensed premises where such product
tasting is provided shall maintain a special permit in accordance
with Section 311.294, RSMo., or hold a by the drink for consumption
on the premises where sold retail license. No money or anything of
value shall be given to the retailers for the privilege or opportunity
of conducting the on-the-premises product tasting.

Distilled spirits, wine, or malt beverage samples may be dispensed
by an employee of the retailer, winery, distiller, manufacturer or
brewer or by a sampling retained by the retailer, winery, distiller,
manufacturer or brewer. All sampling service employees that provide
and pour intoxicating liquor samples on a licensed retail premises
shall be required to complete a server training program approved by
the Division of Alcohol and Tobacco Control.

Any distilled spirits, wine, or malt beverage sample provided
by the retailer, winery, distiller, manufacturer, wholesaler, or brewer
remaining after the tasting shall be returned to the retailer, winery,
distiller, manufacturer, wholesaler, or brewer.

A microbrewer's license shall authorize the licensee to manufacture
beer and malt liquor in quantities not to exceed ten thousand (10,000)
barrels per annum. In lieu of the charges provided in Section 311.180,
RSMo., a fee of seven dollars fifty cents ($7.50) for each one hundred
(100) barrels or fraction thereof, up to a maximum license fee of
three hundred seventy-five dollars ($375.00), shall be paid to and
collected by the Director of Revenue.

Of the license fee to be paid for any such license, the applicant
shall pay as many twelfths (12ths) as there are months (part of a
month counted as a month) remaining from the date of the license to
the next succeeding July first (1st).

Any
person licensed to sell liquor at retail by the drink for consumption
on the premises where sold may use a table tap dispensing system to
allow patrons of the licensee to dispense beer at a table. Before
a patron may dispense beer, an employee of the licensee must first
authorize an amount of beer, not to exceed thirty-two (32) ounces
per patron per authorization, to be dispensed by the table tap dispensing
system.

No
provision of law or rule or regulation of the City shall be interpreted
to allow any wholesaler, distributor, or manufacturer of intoxicating
liquor to furnish table tap dispensing or cooling equipment or provide
services for the maintenance, sanitation, or repair of table tap dispensing
systems.

No
person shall be granted a license under this Chapter unless such person
is of a good moral character and a citizen of the United States of
America. No corporation shall be granted a license under this Chapter
unless the managing officer is of good moral character and a citizen
of the United States of America. No person shall be granted a license
whose license, as such dealer, has been revoked, or who has been convicted,
since the ratification of the Twenty-First Amendment to the Constitution
of the United States, of the violation of the provisions of any law
applicable to the manufacture or sale of intoxicating liquor, or who
employs or has employed in his/her business, as such dealers, any
person whose license has been revoked or who has been convicted of
violating the provisions of any such law since the date aforesaid.

No
person and/or corporation shall be granted a license to sell, in the
original package only, intoxicating liquor at any place, unless said
applicant conforms to each of the following minimum requirements:

The business shall keep and maintain a stock of no less than seven
hundred fifty (750) separate and distinguishable products for sale,
exclusive of alcoholic beverages, tobacco products, automotive parts
and supplies, and gasoline; and

The business must have and keep a stock of goods having a value,
according to invoices, of at least fifteen thousand dollars ($15,000.00),
exclusive of alcoholic beverages, tobacco products, automotive parts
and supplies, and gasoline.

Application
for a license under this Chapter shall be filed with the Director
of Finance on forms furnished by the Director of Finance, and shall
be signed and sworn to by the applicant, and applicant shall file
with the Director of Finance a petition describing the premises for
which the license is to be issued and signed by seventy-five percent
(75%) of the qualified voters residing within a radius of two hundred
(200) feet from the outer limits of the building lot or lots on which
the premises for which the license requested are situated and requesting
the granting of the license. The petition shall be accompanied by
the affidavit of the petitioner stating that the signatures are true.
The petition is required only for applications for licenses for premises
not used prior to December 12, 1955, for any of the purposes prescribed
in this Chapter.

Upon
receipt of the application by the Director of Finance, if there be
a petition attached as required herein, he/she shall forward the petition
to the Department of Public Works, which Department shall prepare
a plat showing the premises wherein the license is being requested
and the property within a radius of two hundred (200) feet thereof,
and this plat shall be attached to the application.

If
a petition is attached to the application, the City Manager shall
have verified the names on the petition as to their being qualified
voters, which verification shall be attached to the application.

All
such information shall be forwarded to the Council with additional
information as required in this Chapter. Once the Council has acted
upon any application which contains a petition, the petition shall
become a part of the City's files and shall not be returned nor utilized
more than once.

The
application for a license under this Chapter shall be presented to
the City Council after investigation and report by the City Manager
and the Chief of Police. Upon approval of the application by a majority
of the Council and payment of the license tax, the City Manager shall
grant the applicant a license to conduct business in the City of Berkeley
from the date of the license to the last day of the following February,
inclusive.

Restrictions On Location Of Licenses, When Council Authorized To
Deny Issuance Or Renewal Of License. The Council reserves
the right to refuse to issue a license or renew a license for the
sale of intoxicating liquor when, in its judgment, the location for
which the license is sought to be obtained is not in the best interests
of the community, taking into consideration the proximity of homes,
schools, churches, playgrounds, or other activities and conditions
or circumstances; or if, in the judgment of the Council, the person
previously operating an establishment for the sale of either intoxicating
liquor has not conducted an orderly place, the Council may refuse
to renew the license upon its expiration.

Every license issued under this Chapter shall particularly describe
the premises upon which the intoxicating liquor may be sold thereunder.
Such license is not transferable or assignable and shall not authorize
or permit the sale of intoxicating liquor at any other place than
described therein, without consent of the Council, except charitable,
religious, non-profit organizations, benevolent, fraternal associations
shall have the authority and be permitted to transfer its place of
business upon approval by the Council. In the event of the death of
the licensee, the widow or widower or the next of kin of such deceased
licensee, who shall meet the other requirements of this law may make
application and the City may transfer such license to permit the operation
of the business of the deceased for the remainder of the period for
which a license fee has been paid by the deceased. Whenever one (1)
or more members of a partnership withdraws from the partnership the
City, upon being requested, shall permit the remaining partner, or
partners, originally licensed, to continue to operate for the remainder
of the period for which the license fee has been paid, without obtaining
a new license.

Except in hotels, motels, clubs, and restaurants, it shall be
unlawful for any licensee to sell intoxicating liquors in a place,
building, or room where there are blinds, screens, swinging doors,
curtains, or any other thing in such building or room that will obstruct
or obscure the interior of such room from public view from the street,
or in any room not located on the ground floor or level immediately
abutting on a public street; and it shall be unlawful to expose in
a street window or show window any intoxicating liquor or any packages,
bottles, or containers bearing the label or brand of any intoxicating
liquor.

Notwithstanding any other provision of this Chapter to the contrary,
when January first (1st), March seventeenth (17th), July fourth (4th),
or December thirty-first (31st) falls on Sunday, and on Sundays prior
to Memorial Day and Labor Day and on the Sunday on which the national
championship of the National Football League is played, commonly known
as "Super Bowl Sunday", any person who is licensed to sell intoxicating
liquor by the drink may be open for business and sell intoxicating
liquor by the drink under the provisions of his/her license on that
day from the time and until the time which would be lawful on another
day of the week.

No
licensee pursuant to this Chapter shall sell, give away, or otherwise
dispose of or suffer the same to be done upon or about the licensed
premises, any intoxicating liquor, in any quantity, between the hours
of 1:30 A.M. and 6:00 A.M. on weekdays and between the hours of 1:30
A.M. Sunday and 6:00 A.M. Monday. All patrons and customers of the
licensee shall vacate such licensed premises no later than the time
of closing.

Sunday Sales. Except for any establishment that may apply
for a license under Section 311.089, RSMo., any person possessing
the qualifications and meeting the requirements of this Chapter, who
is licensed to sell intoxicating liquor at retail may apply to the
City for a special license to sell intoxicating liquor at retail between
the hours of 9:00 A.M. and Midnight on Sundays.

It shall be unlawful for the holder of any license for the sale
of any intoxicating liquor at retail by the drink for consumption
on the premises where sold, to keep or secrete, or to allow any other
person to keep or secrete in or upon the premises described in such
license, any intoxicating liquor, other than the kind of liquor expressly
authorized to be sold by such license or any kind of liquor used exclusively
as an ingredient in any foods being prepared and sold on the premises.

In any place of business licensed in accordance with this Chapter,
persons at least eighteen (18) years of age may stock, arrange displays,
operate the cash register or scanner connected to a cash register,
accept payment for, and sack for carry-out intoxicating liquor. Delivery
of intoxicating liquor away from the licensed business premises cannot
be performed by anyone under the age of twenty-one (21) years. Any
licensee who employs any person under the age of twenty-one (21) years,
as authorized by this Subsection, shall, when at least fifty percent
(50%) of the licensee's gross sales does not consist of non-alcoholic
sales, have an employee twenty-one (21) years of age or older on the
licensed premises during all hours of operation.

In any distillery, warehouse, wholesale distributorship, or similar
place of business which stores or distributes intoxicating liquor
but which does not sell intoxicating liquor at retail, persons at
least eighteen (18) years of age may be employed and their duties
may include the handling of intoxicating liquor for all purposes except
consumption, sale at retail, or dispensing for consumption or sale
at retail. Any wholesaler licensed pursuant to this Chapter may employ
persons of at least eighteen (18) years of age to rotate, stock and
arrange displays at retail establishments licensed to sell intoxicating
liquor.

Persons eighteen (18) years of age or older may, when acting in the
capacity of a waiter or waitress, accept payment for or serve intoxicating
liquor in places of business which sell food for consumption on the
premises if at least fifty percent (50%) of all sales in those places
consists of food; provided that nothing in this Section shall authorize
persons under twenty-one (21) years of age to mix or serve across
the bar, intoxicating beverages.

No licensee, his/her employee or any other person shall procure for,
sell, vend, give away or otherwise supply any intoxicating liquor
in any quantity whatsoever to any person under the age of twenty-one
(21) years, except that this Section shall not apply to the parent
or guardian of the minor nor to the supplying of intoxicating liquor
to a person under the age of twenty-one (21) years for medical purposes
only or to the administering of such intoxicating liquor to such person
by a duly licensed physician. No person shall be denied a license
or renewal of a license issued under this Chapter solely due to a
conviction for unlawful sale or supply to a minor while serving in
the capacity as an employee of a licensed establishment.

Any owner, occupant, or other person or legal entity with a lawful
right to the exclusive use and enjoyment of any property who knowingly
allows a person under the age of twenty-one (21) to drink or possess
intoxicating liquor or knowingly fails to stop a person under the
age of twenty-one (21) from drinking or possessing intoxicating liquor
on such property, unless such person allowing the person under the
age of twenty-one (21) to drink or possess intoxicating liquor is
his/her parent or guardian, is guilty of an ordinance violation.

To purchase the intoxicating liquor, the person exhibited to the
defendant a driver's license, Missouri non-driver's identification
card, or other official or apparently official document containing
a photograph of the minor and purporting to establish that such minor
was twenty-one (21) years of age and of the legal age for consumption
of intoxicating liquor.

No person under the age of twenty-one (21) years shall represent,
for the purpose of purchasing, asking for or in any way receiving
any intoxicating liquor, that he/she has attained the age of twenty-one
(21) years, except in cases authorized by law.

In addition to Subsection (C)(1) of this Section, no person under the age of twenty-one (21) years shall use a reproduced, modified or altered chauffeur's license, motor vehicle operator's license, identification card issued by any uniformed service of the United States, passport or identification card established in Section 302.181, RSMo., for the purpose of purchasing, asking for or in any way receiving any intoxicating liquor.

No person under the age of twenty-one (21) years, shall purchase or attempt to purchase, or have in his/her possession, any intoxicating liquor as defined in Section 600.010 or, shall be visibly in an intoxicated condition as defined in Section 577.001, RSMo., or shall have a detectable blood alcohol content of more than two-hundredths of one percent (.02%) or more by weight of alcohol in such person's blood.

Tastes a beverage under Subsection (D)(2)(c) of this Section only for instructional purposes during classes that are part of the curriculum of the accredited college or university.

The beverage must at all times remain in the possession and
control of any authorized instructor of the college or university,
who must be twenty-one (21) years of age or older. Nothing in this
Subsection may be construed to allow a student under the age of twenty-one
(21) to receive any beer, ale, porter, wine or other similar malt
or fermented beverage unless the beverage is delivered as part of
the student's required curriculum and the beverage is used only for
instructional purposes during classes conducted as part of the curriculum.

Any person under the age of twenty-one (21) years who purchases or
attempts to purchase, or has in his or her possession, any intoxicating
liquor, or who is visibly in an intoxicated condition as defined in
Section 577.001, RSMo., shall be deemed to have given consent to a
chemical test or tests of the person's breath, blood, saliva, or urine
for the purpose of determining the alcohol or drug content of the
person's blood. The implied consent to submit to the chemical tests
listed in this Subsection shall be limited to not more than two (2)
such tests arising from the same arrest, incident, or charge. Chemical
analysis of the person's breath, blood, saliva, or urine shall be
performed according to methods approved by the State Department of
Health and Senior Services by licensed medical personnel or by a person
possessing a valid permit issued by the State Department of Health
and Senior Services for this purpose. The State Department of Health
and Senior Services shall approve satisfactory techniques, devices,
equipment, or methods to be considered valid and shall establish standards
to ascertain the qualifications and competence of individuals to conduct
analyses and to issue permits which shall be subject to termination
or revocation by the State Department of Health and Senior Services.
The person tested may have a physician, or a qualified technician,
chemist, registered nurse, or other qualified person at the choosing
and expense of the person to be tested, administer a test in addition
to any administered at the direction of a Law Enforcement Officer.
The failure or inability to obtain an additional test by a person
shall not preclude the admission of evidence relating to the test
taken at the direction of a Law Enforcement Officer. Upon the request
of the person who is tested, full information concerning the test
shall be made available to such person. "Full information" is limited
to the following:

If the test was administered by means of a breath-testing instrument,
the date of performance of the most recent required maintenance of
such instrument.

"Full information" does not include manuals, schematics, or
software of the instrument used to test the person or any other material
that is not in the actual possession of the State. Additionally, "full
information" does not include information in the possession of the
manufacturer of the test instrument.

For purposes of determining violations and prosecution under
this Chapter, or any rule or regulation of the Supervisor of Alcohol
and Tobacco Control, a manufacturer-sealed container describing that
there is intoxicating liquor therein need not be opened or the contents
therein tested to verify that there is intoxicating liquor in such
container. The alleged violator may allege that there was no intoxicating
liquor in such container, but the burden of proof of such allegation
is on such person, as it shall be presumed that such a sealed container
describing that there is intoxicating liquor therein contains intoxicating
liquor.

Editor's Note — Sections 600.120 "sale to minor — certain other persons, misdemeanor — exceptions", 600.130 "persons eighteen years of age or older may sell or handle liquor or beer, when" and 600.140 "purchase or possession by minor, a misdemeanor — container need not be opened and contents verified, when — burden of proof on violator to prove not intoxicating liquor" were replaced in their entirety by statutory material contained in section 600.120 hereof. At the editor's discretion, sections 600.130 and 600.140 were reserved for the city's future use.

It is hereby declared unlawful for any person to give, lend,
or sell or otherwise provide any person between the ages of seventeen
(17) and twenty-one (21) years any falsified identification, or the
identification of another person, for the purpose of establishing
the age of such person as being twenty-one (21) years of age or older.

Editor's Note — Section 600.160 "proximity to schools and churches" was deleted in its entirety at the city's request. Former said section derived from: CC 1961 §34.15; ord. no. 793, 12-12-55 and ord. no. 3278 §1, 3-21-94. At the editor's discretion this section was reserved for the city's future use.

No
holder of a license to sell intoxicating liquor by the drink shall
give to, sell to, or permit to be given to or sold, to any female
employee of the establishment operated by the licensee any intoxicating
liquor in any quantity, nor shall he/she permit any patron of the
establishment operated by him/her to give intoxicating liquor to,
purchase it for, drink it with, sit at the bar or tables with, or
dance with any female employee in said establishment or on the premises
of the licensee.

No
holder of a license to sell intoxicating liquor by the drink shall
sell or give any intoxicating liquor in any quantity to any female
who shall solicit another to buy intoxicating liquor, nor shall he/she
permit any such female person to solicit the purchase of intoxicating
liquor by another on the premises of the licensee.

No
retail licensee shall allow upon his/her licensed premises any gambling
in which the one who plays stands to win or lose money, trade checks,
prizes, merchandise, or any other consideration. The presence of any
gambling device upon any licensed premises shall create a presumption
of a violation of this rule.

Any
holder of a license under this Chapter is at all times responsible
for the conduct of his/her business, and is at all times directly
responsible for any act or conduct of any employee on the premises
which is in violation of any provision of this Chapter or of the laws
of the State of Missouri.

It
is further unlawful for any persons maintaining, owning, or operating
a commercial establishment located within the City of Berkeley at
which alcoholic beverages are offered for sale for consumption on
the premises:

To suffer or permit any female person, while on the premises of said commercial establishment, to employ any device or covering which is intended to give the appearance of or simulate such portions of the human female breasts as described in Subsection (G)(1).

To suffer or permit any person, while on the premises of said commercial
establishment, to employ any device or covering which is intended
to give the appearance of or simulate the genitals, pubic area, buttocks,
anus or anal cleft or cleavage.

To suffer or permit any person, while on the premises of said commercial
establishment, to engage in the actual or simulated touching, caressing,
or fondling on the breasts, buttocks, anus, genitals, or pubic area.

It
shall be unlawful for any female person, while on the premises of
a commercial establishment located within the City of Berkeley, at
which alcoholic beverages are offered for sale for consumption on
the premises, to expose to public view that area of the human female
breast at or below the areola thereof, or to employ any device or
covering which is intended to give the appearance or simulate such
areas of the female breast as described herein.

It
shall be unlawful for any person, while on the premises of a commercial
establishment located within the City of Berkeley, at which alcoholic
beverages are offered for sale for consumption on the premises, to
expose to public view his/her genitals, pubic area, buttocks, anus
or anal cleft or cleavage, or to employ any device or covering which
is intended to give the appearance of or simulate the genitals, pubic
area, buttocks, anus or anal cleft or cleavage.

Whenever it is shown to the Council that a licensee under this
Chapter has not at all times kept an orderly place or house, or has
violated any provision of this Chapter or of the Liquor Control Act
of the State of Missouri, or has failed to procure proper license
from the State Supervisor of Liquor Control, or has made a false affidavit
in his/her application for a license, the Council, after a hearing
thereon, may revoke the license of such licensee, provided that the
licensee or any person in charge of or employed in the place licensed
shall be given ten (10) days' written notice of the hearing. The notice
may be left at the place of business for which the license has been
issued, and the notice shall specify the time, place, purpose, and
grounds for the hearing, at which hearing the licensee may have counsel
and produce witnesses in his/her behalf.

A closed container, either refrigerated in whole or in part
or non-refrigerated, access to the interior of which is restricted
by means of a locking device which requires the use of a key, access
by means of a locking device as hereinabove described.

A system for the sale of intoxicating liquor in qualified
packages or containers in the rooms provided for the overnight accommodation
of transient guests in a qualified establishment by means of a controlled
access liquor cabinet, and such system shall permit the licensee to
maintain in the rooms provided for the overnight accommodation of
transient guests a controlled access liquor cabinet in which such
licensee may maintain for sale intoxicating liquor in qualified packages
or containers, together with, if desired, other beverages or food,
and such system shall permit the adult registered guests of the room
in which such controlled access liquor cabinet is located to use the
key, magnetic card or other similar device to gain access to such
controlled access liquor cabinet to obtain the intoxicating liquor
or other beverages or food for consumption.

Any establishment having at least forty (40) rooms for the
overnight accommodation of transient guests and having a restaurant
or similar facility on the premises at least sixty percent (60%) of
the gross income of which is derived from the sale of prepared meals
or food, which restaurant's annual gross food sales for the past two
(2) years immediately preceding its application for a license shall
not have been less than one hundred thousand dollars ($100,000.00)
per year or, if such restaurant has been in operation for less than
two (2) years, such restaurant has been in operation for at least
ninety (90) days preceding the application for license for sale of
intoxicating liquor by means of controlled access liquor cabinets
and has a projected experience based upon its sale of food during
the preceding ninety (90) days which would exceed one hundred thousand
dollars ($100,000.00) per year.

Packages or containers for intoxicating liquor, other than
beer or other malt liquor, which hold not less than fifty (50) milliliters
and not more than two hundred (200) milliliters, and any packages
or containers for beer or other malt liquor.

License. Notwithstanding any other provision of this Chapter
to the contrary, any person who possesses the qualifications required
by this Chapter, and who now or hereafter meets the requirements of
and complies with the provisions of this Chapter, and who operates
a qualified establishment and who is licensed to sell liquor by the
drink at retail with respect to such qualified establishment, may
apply for and the Council may issue a license to sell intoxicating
liquor in the rooms of such qualified establishment by means of a
controlled access liquor cabinet system on and subject to the following
terms and conditions for a fee of fifteen dollars ($15.00) for administration
costs:

The key, magnetic card or other similar device required to attain
access to the controlled access liquor cabinet in a particular room
may be provided only to each adult registered guest who is registered
to stay in such room,

Prior to providing a key, magnetic card or other similar device required
to attain access to the controlled access liquor cabinet in a particular
room to the registered guest, the licensee shall verify that each
such registered guest to whom such key, magnetic card or similar device
is to be provided is not a minor,

All employees handling the intoxicating liquor to be placed in the
controlled access liquor cabinet, including without limitation any
employee who inventories and/or restocks and replenishes the intoxicating
liquor in the controlled access liquor cabinet, shall be at least
eighteen (18) years of age and shall obtain such employee permits
as the City, County or other local governmental entity in which the
qualified establishment is located requires to be obtained by employees
of the restaurant operated at such qualified establishment; provided
however, that no such employee permits shall be required of any employee
who handles the intoxicating liquor in the original case and who does
not open such original case,

Registered guests may use the key, magnetic card, or other similar
device required to attain access to the controlled access liquor cabinet
in such registered guest's room at any time; provided however, that
no controlled access liquor cabinet may be restocked or replenished
with intoxicating liquor, nor shall any intoxicating liquor be delivered
to a room in order to restock or replenish the supply of intoxicating
liquor in the controlled access liquor cabinet, at any time when the
sale of liquor by the drink at retail is not permitted pursuant to
the provisions of this Chapter,

Upon request from the registered guest at any time, the qualified
establishment shall cause all intoxicating liquor to be removed from
the controlled access liquor cabinet in the room of such registered
guest as soon as reasonably practicable, and

The qualified establishment shall have the right to collect payment
for intoxicating liquor or other beverages or food taken from the
controlled access liquor cabinet in the room of a registered guest
in such manner as it shall determine to be appropriate, including
without limitation the inclusion of such charges together with the
charges made to such registered guest for the use of the room at such
qualified establishment or for purchase of meal at the restaurant
operated at such qualified establishment.

Type Of Purchases Of Intoxicating Liquor. In addition to
any right to sell granted pursuant to any other provision of this
Chapter, a duly licensed wholesaler shall be permitted to sell intoxicating
liquor to a qualified establishment in any size of qualified packages
or containers for use in a controlled access liquor cabinet system;
provided however, that as to any size of qualified packages or containers
which could not be legally sold to the qualified establishment except
for the provisions of this Section, any such size of qualified packages
or containers shall be sold by the qualified establishment only by
means of the controlled access liquor cabinet system.

Nothing
in this Section shall affect any establishment or holder of a license
on the date of passage of this Section (12-18-2000), but from and
after the date of passage of the Section no new licenses to sell package
liquor shall be granted in violation of this Section.

The
Council retains discretion to make exceptions to this Section on a
case-by-case basis. The Council shall have the authority to issue
a liquor license notwithstanding any provision in this Section if
it is determined by the Council, in its sole discretion, that issuing
a liquor license to an entity is in the overwhelming best interest
of the City of Berkeley. The use of this exception shall require a
favorable vote of at least five (5) members of the Council.

The provisions of this Section shall not be applicable to full-service grocery stores. For purposes of this Subsection a "full service grocery store" shall have a minimum of ten thousand (10,000) square feet of space within its establishment for food and groceries.

Prior to the issuance of any business license herein, the applicant
must secure a special use permit, and receive approval of the Director
of Public Works relative to the construction of the parking lots and
all buildings.

A temporary
permit may be issued to caterers and other persons to sell intoxicating
liquor by the drink for consumption at public or commercial halls
within the City of Berkeley, Missouri, for a period not to exceed
twenty-four (24) hours.

This
permit shall authorize the service of alcoholic beverages at private
and public functions, occasions or events during the hours at which
alcoholic beverage may lawfully be sold or served in the City.

All
provisions of this Section shall extend to the premises where the
function, occasion or event is held and shall be in force and enforceable
during all times that the permittee, its agents, servants, employees
or stock are on such premises.